Uncertain mileage on a used vehicle: How far does the seller's responsibility go?

Ms T. purchased a used car through the R business. The latter certifies the mileage after having carried out its own expertise.

A year after her purchase, Mrs. T. entrusts her vehicle to a garage to carry out repairs. He was told that the mileage had been understated as a result of “fraudulent manipulation”.

Mrs. T. asked for a legal opinion to establish the materiality of the facts. The expert opinion reveals that there is total uncertainty as to the mileage displayed due to a disturbance related to the odometer/hour. The plaintiff sued the business R. in order to obtain compensation for her loss.

The Court of Appeal dismissed her application as it did not find evidence of misconduct on the part of the business. Ms T. decided to go to the Court of Cassation. According to the applicant, the business R., which had undertaken to certify the mileage of that vehicle, was bound by an obligation of result.

Can business R. be held liable if the mileage it has certified is uncertain?

Service-Public.fr is answering you :

In its decision of 26 February 2025, the Court of Cassation quashed the Court of Appeal’s judgment and ruled in favor of Ms T.

It considers that the trader who certifies the mileage of a second-hand vehicle incurs contractual liability in the event of uncertainty or inaccuracy of that vehicle, without it being necessary to prove a specific fault on his part.

As the Court of Cassation has annulled the decision of the Court of Appeal, the case is referred back to another Court of Appeal, which will have to reconsider its application in accordance with the principle laid down by the Court of Cassation.